Mr. Braley of Iowa
introduced the following bill; which was referred to the
Committee on Energy and
Commerce

A BILL

To establish a grant program to test and mitigate radon
levels in public schools, and for other purposes.

1.

Short title

This Act may be cited as the
End Radon in Schools Act .

2.

Establishment of
grant program

(a)

In
general

Subject to the
availability of appropriations to carry out this Act, not later than 180 days
after the date that Federal funds are first appropriated for this Act, the
Administrator of the Environmental Protection Agency, in consultation with the
Secretary of Education, shall establish a program under which the Administrator
may award grants to States to conduct short-term radon testing to identify and
mitigate unsafe radon levels in public schools.

(b)

Guidelines

Not later than 180 days after the date of
enactment of this Act, the Administrator shall review, update, revise, and
publish the Radon Measurements In Schools Guidelines with current information
and guidance on radon testing in a public school.

3.

Grant
awards

In carrying out the
program under this Act, the Administrator shall—

(1)

provide an initial
grant award for each State selected to receive a grant under this Act to
complete the testing under section 5(b)(1);

(2)

in the case of a State that submits a
report and is required to conduct an additional test under section 5(b)(3),
provide an additional grant award for the State to complete such test;

(3)

in the case of a State that submits a
report and is required to conduct mitigation under section 5(c)(1)—

(A)

provide an
additional grant award for the State to conduct such mitigation under such
subparagraph (A) of such section; or

(B)

conduct such
mitigation under subparagraph (B) of such section; and

(4)

in the case of a
State that submits a report and is required to conduct reevaluation under
section 5(d), provide an additional grant award for the State to complete the
reevaluation.

4.

Application;
priority

(a)

Application

To be eligible to receive a grant under
this Act, a State shall submit an application to the Administrator in such
manner, at such time, and containing such information as the Administrator may
require, including a certification that the grant funds will be used to—

(1)

test the radon
levels in public schools pursuant to section 5(b); and

(2)

mitigate the
effects of unsafe radon levels in public schools pursuant to section 5(c),
determined by the test under paragraph (1).

(b)

Priority

In awarding grants to States under this
Act, the Administrator shall—

(1)

determine the
priority of grant awards by ranking each State that submits an application in
relation to each other such State; and

(2)

in ranking States
under paragraph (1)—

(A)

assign highest
priority to a State with 100 percent of such State’s landmass in Radon Zone 1;

(B)

in a case in which
multiple States have 100 percent of such States’ landmasses in Radon Zone 1,
assign priority among such States at the Secretary’s discretion; and

(C)

in a case in which
a State has less than 100 percent of such State’s landmass in Radon Zone 1,
assign priority to such State at the Secretary’s discretion.

describing the
results of each test conducted pursuant to paragraph (1); and

(B)

if necessary,
estimating the funds necessary to conduct an additional short-term test under
paragraph (3); and

(3)

in the case of a school that has, according
to a test conducted under paragraph (1), a radon level at or above 4 picocuries
per liter at a public school, conduct an additional short-term test at such
public school at a time and manner consistent with the Administrator’s Radon
Measurements In Schools Guidelines updated pursuant to section 2(b).

(c)

Mitigation

(1)

In
general

In the case of a
public school at which tests conducted under paragraphs (1) and (3) of
subsection (b) average at least 4 picocuries per liter—

(A)

if the State’s report under paragraph (2)
includes the certification described in paragraph (2)(A), the State of the
school shall mitigate the radon level at the public school by providing funds
to the local educational agency serving such school to enable the agency to
carry out the mitigation described in paragraph (3); or

(B)

if the State’s report under paragraph (2)
does not include such certification, the Administrator shall carry out the
mitigation described in paragraph (3), directly or by contract.

(2)

Certification;
reporting

A State that receives a grant under this Act
shall—

(A)

if necessary, seek
certification from each local educational agency that serves each public school
described in paragraph (1) that such agency will, if provided funding pursuant
to section 3(3)(A), complete the actions described in paragraph (3); and

(B)

submit a report to
the Administrator that—

(i)

in the case in which a local educational
agency provides certification to the State under subparagraph (A), includes
such certification;

(ii)

describes the results of each test at such
public school conducted under subsection (b); and

(iii)

if
necessary, estimates the funds necessary to conduct mitigation at such public
school pursuant to paragraph (3).

(3)

Mitigation
Requirements

In mitigating
the radon levels at public schools, the Administrator or a local educational
agency, as appropriate, shall—

(A)

work with a
licensed radon mitigation professional to determine the most effective way to
mitigate the radon at the public school;

(B)

create a
mitigation plan within 3 months after the date of the second short-term test
under subsection (b)(3);

(C)

designate a
mitigation unit and implement the mitigation plan under subparagraph (B) within
6 months after the date of the second short-term test under subsection
(b)(3);

(D)

conduct a
short-term test not less than once per year; and

(E)

if necessary,
conduct the reevaluation under subsection (d).

(d)

Reevaluation

If the first annual test under subsection
(c)(3)(D) conducted after the mitigation plan is implemented results in a radon
level at or above 4 picocuries per liter at a public school, the local
educational agency that serves the school shall—

(1)

reevaluate the
mitigation plan under subsection (c)(3)(B) in consultation with a licensed
radon mitigation professional;

(2)

create an
alternative mitigation plan to replace the mitigation plan;

(3)

submit a report to
the Administrator—

(A)

describing the
results of such annual test; and

(B)

estimating the
funds necessary to conduct reevaluation under this subsection; and

(4)

direct the
mitigation unit to implement an alternative mitigation plan under subsection
(c)(3) within 6 months after the date of such annual test.

6.

Definitions

In this Act:

(1)

Administrator

The term Administrator means
the Administrator of the Environmental Protection Agency.

(2)

Licensed radon
mitigation professional

The term licensed radon mitigation
professional means an individual—

(A)

licensed, registered, or qualified by a
State radon program to mitigate radon; or

(B)

approved by the Administrator to mitigate
radon.

(3)

Local
educational agency

The term
local educational agency has the meaning given that term in
section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).

(4)

Mitigation
plan

The term mitigation plan means the plan to
mitigate radon created by the licensed radon mitigation professional in
consultation with the local educational agency under subsection (c)(3)(B).

(5)

Mitigation
unit

The term mitigation unit means the individuals
designated under subsection (c)(3)(C) by the local educational agency to
implement the mitigation plan.

(6)

Public
school

The term public
school has the meaning given that term in section 5145 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7217d).

(7)

Radon
Measurements in Schools Guidelines

The term Radon Measurements In
Schools Guidelines means the report entitled Radon Measurements
In Schools produced by the Administrator in July 1993, describing
current information and guidance on radon testing in a public school.

(8)

Radon Zone
1

The term Radon Zone 1 means those areas with a
predicted average indoor radon screening level greater than 4 picocuries per
liter.

(9)

Secretary

The
term Secretary means the Secretary of Education.

(10)

Short-term
test

The term
short-term test means a test approved by the Administrator in
which a testing device remains in an area for not less than 2 days and not more
than 90 days to determine the amount of radon in the air that is acceptable for
human inhalation.

(11)

State

The term State means each of
the several States of the United States and the District of Columbia.